Home/Fifth Circuit/Smith v. Estelle

Smith v. Estelle

498 F.2d 631
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 2, 1974
DocketNo. 74-1601
StatusPublished
Cited by4 cases

This text of 498 F.2d 631 (Smith v. Estelle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Estelle, 498 F.2d 631 (5th Cir. 1974).

Opinion

PER CURIAM:

Appellant was tried and convicted in Texas state court for assault with intent to murder. He seeks federal habeas corpus relief on the grounds he was tried in prison garb, rather than in civilian clothing, which we have granted on a number of occasions. Hernandez v. Beto, 5 Cir., 1971, 443 F.2d 634, Brooks v. State of Texas, 5 Cir., 1967, 381 F.2d 619, accord, Gaito v. Brierley, 3 Cir., 1973, 485 F.2d 86.

However, an examination of the evidentiary record in this case reflects beyond a reasonable doubt appellant’s guilt. We therefore hold the infraction to be harmless error. Thomas v. Beto, 5 Cir., 1973, 474 F.2d 981.

Affirmed.

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Related

Hollins v. Estelle
503 F.2d 1373 (Fifth Circuit, 1974)
Johnny Hollins v. W. J. Estelle, Director, Texas Department of Corrections, No. 74-2190 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of N.Y. (5th Cir. 1970), 431 F.2d 409, Part I
503 F.2d 1373 (Fifth Circuit, 1974)
Williams v. Estelle
500 F.2d 206 (Fifth Circuit, 1974)
Harry Lee Williams v. W. J. Estelle, Director, Texas Department of Corrections, and C. v. Kern, Sheriff
500 F.2d 206 (Fifth Circuit, 1974)

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Bluebook (online)
498 F.2d 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-estelle-ca5-1974.